A recent decision of the Federal Court of Australia highlights the importance of choosing trade marks that are ‘distinctive’ and not ‘descriptive’. The case serves as a timely reminder to businesses to ensure that your trade mark is distinctive and not merely descriptive, if you wish to secure valuable common law and exclusive rights afforded by its use and registration of a trade mark.
Read moreThis update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia… Read More
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Read moreAustralian Trade Mark law is expected to undergo important changes brought by the Intellectual Property Law Amendment Act 2006 and Trade Mark Amendment Act 2006. The IP Law This article reviews the following keys amendments to the Trade Marks Act 1995 introduced by both the IP Laws Amendment Act and the Trade Mark Amendment Act:… Read More
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